Advice about contact breach by estateagents

cpRtech

Background
Estate agents instructed to market property for disabled spinster.

All visits coordinated and attended by EA using keys in key safe on outer wall of property accessed by home nursing attendants.

Owner secures sheltered accommodation as unable to cope. Keys removed as nursing input bo longer required.

Subsequent visits coordinated by EA until death of owner. Executor of estate unable to attend purchaser visits due to geographical therefore keys dropped in key safe for EA retrieval and administration.

Further viewings and one reasonable offer. MoS drafted and solicitors instructed. Mortgage survey requested and visit unaccompanied by estate agents. Report detailing active leak in property misinterpreted by EA. Vendor requested copy of report detailing what was perceived as old leak damage. Buyers withdraw after EA state sold as seen.
EA conduct viewing 3 days after ( on a Saturday) and abandon due to water running down the stairs. No further action taken. Vendor not alerted. No corrective action taken.
Monday morning ( 2 days later) vendor made aware of active leak and water flow. Instructed EA to attend property and drain down water system.
To mitigate loss EA allowed to continue marketing property. Continues for 10 months with few credible offers. Best Offer received 11 months later with a defecit of £20,000. Offer accepted and sale complete.
Are EA in breach of contact due to negligence. Should commission be paid?

Desperate for direction, support and advice please.

Fire_Fox

Are these regular estate agents or also letting agents? Breach of which contract with whom? Have you read the terms and conditions?

Estate agents seem to be tasked with stuff on the fringe of - and even outside - their remit (drain down water system?).

Who was responsible for preparing the unoccupied property as per insurance policies, when the spinster went into sheltered accommodation? Who removed and held the keys?


Mortgage survey is paid for by, and therefore the property of, the buyer. Neither the vendor nor their agent have the right to see the report.

EA conduct viewing 3 days after ( on a Saturday) and abandon due to water running down the stairs. No further action taken. Vendor not alerted. No corrective action taken.

Inexcusable. How have the estate agents reacted to this?

babyblade41

The only problem I see is that an EA saw water coming down the stairs and no one was informed, was there no POA at this point as someone must have instructed and biased with EA.

It's not the EA's problem to get the leak fixed, but they do have a duty of care to inform the owner to repair and so insurance can get involved.

Was the insurance company notified that person was in care as it may invalidate the insurance

I'm hoping the leak is now sorted .

csgohan4

sadly another agent with the 'not my job' attitude. I would definitely make a complaint and ensure you have evidence of them admitting liability either directly or indirectly

eddddy

Fire_Fox wrote: »

Mortgage survey is paid for by, and therefore the property of, the buyer. Neither the vendor nor their agent have the right to see the report.

The valuer probably collected and returned the keys to the EA.

I imagine the OP means that when returning the keys, the valuer reported to the EA (i.e. told the EA) that there was a leak.

But the EA didn't understand it to be a serious leak requiring immediate attention. (i.e. Maybe just a damp patch.)

Fire_Fox wrote: »

EA conduct viewing 3 days after ( on a Saturday) and abandon due to water running down the stairs. No further action taken. Vendor not alerted. No corrective action taken.

Inexcusable. How have the estate agents reacted to this?

Absolutely.

It's probably not a breach of contract, but the EA probably had a duty of care to the seller, which would make it negligent.

It might be worth a formal complaint to the EA, followed by a complaint to the Property Ombudsman (assuming the EA is a member).

However, the Ombudsman say that they won't deal with a complaint about negligence - but they will deal with complaints about 'duty of care', and they can award compensation, so that may be an angle to try.